Agenda 05/25/2021 Item #16K 7 (Eminent Domain Legal Expenses Project #60168)05/25/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize payment of statutory attorney’s fees and costs pursuant
to Section 73.092, Fla. Stat. incurred by the property owner in defending Collier County’s Eminent
Domain action in the total amount of $8,467.25 for the proposed taking of Parcel 280RDUE for the
Vanderbilt Beach Road Extension, Project No. 60168.
_____________________________________________________________________________________
OBJECTIVE: To authorize statutory attorney’s fees incurred by property owner in Eminent Domain
litigation.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcel 280RDUE for the construction of roadway, drainage and utility improvements
required for the expansion and extension of Vanderbilt Beach Road from Collier Blvd. to east of 16th
Street NE, and Massey Street from Vanderbilt Beach Road to south of Mockingbird Dr., in order to
protect the health, safety and welfare of the citizens of Collier County. The proposed acquisition area for
Parcel 280RDUE included an easement abutting the westerly existing right of way along Wilson Blvd.
consisting of 6,753 sq. feet (0.155acres). The improvements included a grassed covered mound and
grassed yard. During the course of litigation, the property owner advised the County that the proposed
acquisition area contained a septic tank, drainfield, and small lift station that would be impacted with the
condemnation and would need to be relocated. The parties discus sed relocation of the utilities and given
the difficulty of relocating the utilities, the County decided to remove Parcel 280RDUE from the current
design plans for Vanderbilt Beach Road Extension, which provided for the relocation of public utilities in
this location in anticipation of the future widening of Wilson Blvd. The County filed a Notice of
Voluntary Dismissal without Prejudice as to Parcel 280RDUE with the Court. Parcel 280RDUE will be
needed at the time that the County makes improvements to Wilson Blvd., and the County will seek
condemnation at that time. However, prior to the condemnation action, the County will work with the
property owner to properly address and relocate the utilities as needed. An aerial photograph of the
subject property is attached to this item for reference.
The County’s appraisal estimated full compensation at $30,100 including damages and installation of a
new septic tank system. The property owner received estimates to replace the septic tank system at over
$100,000. The attorney’s fees and costs will be paid directly to the property owner’s attorney, Doug
Rankin, and will not need to be deposited into the Court Registry.
The Transportation Engineering Division recommends approval of payment of the Respondent’s
attorney’s fees and costs in compliance with Section 73.092, Fla. Stat.
FISCAL IMPACT: Funds in the amount of $8,467.25 are available in the Vanderbilt Beach Road
Expansion Project Capital Fund, Project 60168. The primary funding source for the acquisition is impact
fees. Should impact fees not be sufficient within the project, the secondary funding source will be gas
taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: Section 73.092, Fla. Stat. requires attorney’s fees and costs to be paid
by the Petitioner Collier County. This item is approved as to form and legality and requires a majority
vote for Board approval. - CMG
RECOMMENDATION: To approve and authorize payment of statutory attorney’s fees and costs
incurred by the property owner in defending Collier County’s Eminent Domain action in the total amount
16.K.7
Packet Pg. 1952
05/25/2021
of $8,467.25 for the proposed taking of Parcel 280RDUE.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. Aerial (PDF)
16.K.7
Packet Pg. 1953
05/25/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 15925
Item Summary: Recommendation to approve and authorize payment of statutory attorney’s fees
and costs pursuant to Section 73.092, Fla. Stat. incurred by the property owner in defending Collier
County’s Eminent Domain action in the total amount of $8,467.25 for the proposed taking of Parcel
280RDUE for the Vanderbilt Beach Road Extension, Project No. 60168.
Meeting Date: 05/25/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
05/17/2021 9:41 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/17/2021 9:41 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 05/17/2021 11:20 AM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 05/17/2021 12:35 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 05/17/2021 4:03 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 05/17/2021 5:01 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/18/2021 8:36 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/18/2021 8:52 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/18/2021 9:41 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/18/2021 12:44 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 05/18/2021 1:17 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/25/2021 9:00 AM
16.K.7
Packet Pg. 1954
Vanderbilt Beach Road Extension Project 60168 Parcel 280RDUE EXISTING RIGHT-OF-WAY PER PLAT EXISTING RIGHT-OF-WAY PER PLAT / PARCEL 280RDUE 16.K.7.aPacket Pg. 1955Attachment: Aerial (15925 : Payment of Attorney's Fees Vanderbilt Beach Road Extension)